Cancellation of Removal for Permanent Residents, Non-Permanent Residents and Special Rule Under the Violence Against Women Act (VAWA)

Cancellation of removal is a great way to avoid the severe consequences of removal. This form of relief allows the Attorney General can cancel the removal of certain immigrants if certain conditions are met. Lawful permanent residence, non-lawful permanent residents, and battered spouses, children or parents may apply for this form of relief in removal proceedings.

I Am a Permanent Resident, Can I Apply for Cancellation of Removal?

If you are a permanent resident in removal proceedings you may apply. The Attorney General may cancel a lawful permanent resident’s removal if:

  • He has been a permanent resident for 5 years
  • Has resided in the United States for seven years after having been admitted under any status
  • Has not been convicted of an aggravated felony
  • Warrants the favorable exercise of discretion

Please note that this form of relief from removal is highly discretionary. The Immigration Judge may still deny Cancellation of Removal, even if you met all the above conditions.

I am Not a Lawful Permanent Resident, Can I apply for Cancellation of Removal?

You may apply for non-lawful permanent resident Cancellation of Removal if you have been in the United States for ten years and you removal would lead to hardship to your qualifying relative.  Qualifying relatives include:

  • United States citizen or lawful permanent resident children
  • United States citizen or lawful permanent resident spouses
  • United States citizen or lawful permanent resident parents

You may apply for non-lawful permanent resident Cancellation of Removal if you meet the following:

  • You have been present in the United States for at least ten years
  • Has been a person of Good Moral Character for at least ten years
  • Establishes that his removal would lead to hardship
  • Warrants the favorable exercise of discretion

I Have Been Battered or Abused by My Spouse, Can I apply for Cancellation of Removal?

You may apply for Cancellation of Removal if you have been battered and you are the spouse, child or parent of the abusive United States citizen or lawful permanent resident. To qualify, you must meet the following requirements:

  • You have been abused by your United States citizen child, spouse, or parent
  • You have been abused by your lawful permanent resident spouse or parent
  • You have been in the United States for at least three years
  • Have been a person of Good Moral Character for three years
  • The person is not inadmissible

I Have Been Arrested, Can I Still Apply?

You may still apply for this form of relief. However, your arrest or conviction might affect your eligibility for relief and might affect the judge’s exercise of discretion.

What Type Of Evidence Should Include?

The evidence that you include would depend on the type of relief for which you are applying. Some of the evidence includes:

  • Evidence of your lawful permanent residence status
  • Evidence of your physical presence for the statutory period
  • Evidence of abuse or battery, if you are applying under the Violence Against Women Act rule
  • Evidence of family contacts and status
  • Evidence of ties to the community like house ownership
  • Evidence of volunteer or humanitarian work

Please understand that this form of relief is highly discretionary and very complicated. Please contact an attorney at 1(888)963-7326 to discuss your case.